Quick Fire SQE

Question 1

TRUE OR FALSE ;

if the man intends to resist arrest he must also be malicious as to causing harm

Answer 1

True ; S.18 offence not only requires an ulterior intent is satisfied ( intention to resist arrest). It must also be proved that the man intends OR is subjectively reckless as to harm

Question 2

TRUE OR FALSE ; An assault can not be commuted by silence

Answer 2

False ; an assault can be committed by silence.

Question 3

The man applied force the woman was not scared. Is that a battery?

Answer 3

Yes.

Application of unlawful force. No requirement that the victim anticipates the force. Nor that it results in any harm

Question 4

Is the a mens Rea to causing ABH ?

Answer 4

no

Question 5

A woman pushes the man and he falls out of a car. She did not foresee the man would suffer an injury. Has she committed s. 47 ?

Answer 5

Yes. There is no requirement that the inform is foreseen.

The only mens Rea required is that the assault or battery was intended.

Question 6

What does ‘ infliction ‘ mean ?

Answer 6

Infliction is understood be synonymous with cause.

Test for causation must be used.

Question 7

Can you cause or inflict a psychiatric injury.

Answer 7

Yes - if someone has caused a psychiatric diagnosis like depression / ptsd. Then they have inflicted

Question 8

What is meant by the term wound ?

Answer 8

Both layers of skill.

Question 9

S.18 the mens Rea is either ; intention to resist arrest OR intent to cause GBH. Do both need to be proved?

Answer 9

No

Question 10

What is meant by maliciously preventing lawful arrest ?

Answer 10

It means that the defendant can be liable for GBH where he caused a wound / gbh in the process of preventing a lawful arrest.

If they lack the MR to cause GBH but had the MR to prevent arrest s.18 MR is satisfied.

It must also be proven that he was reckless as to causing harm

Question 11

Does s.18 apply to helping someone else resist arrest ?

Answer 11

Yes

Question 12

What is the meaning of malicious in reference to causing GBH.

Answer 12

Malicious adds nothing where the intent was to cause GBh.

However - where the prosecution allege an intention to resist lawful arrest the prosecution must also prove that the defendant was reckless as to causing SOME harm

Question 13

Who decides whether a person has withdrawn from a joint enterprise?

Answer 13

This is a question for the jury.

It is a question of fact and degree for the jury.

Account will be taken of the nature of the assistance and encouragement already given / how imminent the infliction of the fatal injury is / nature of the action of withdrawal.

Question 14

What is the general rule for withdrawing from a joint enterprise?

Answer 14

It is a general rule that it is NOT ENOUGH to have a change of mind - something must b e down and the withdrawal MUST be communicated to the principal / law enforcement agency

Question 15

Impossibility is generally not a defence to an attempted offence. Which type is said to be a defence?

Answer 15

Impossibility through non-existent crimes - ( Taaffe case).

Question 16

The Actus Reus of accessorial liability can be committed in 5 ways :

Answer 16

1. To abet ( incite / instigate / encourage at the time of offence which must be communicated).
2. To counsel
3. To procure
4. To aid
5. To be a party to a joint enterprise.

Question 17

What is the Actus Reus of basic criminal damage?

Answer 17

Destroys , damages , property , belonging to another , without lawful excuse.

Question 18

What is the defendant’s conduct compared to n the LOSS OF CONTROL?

Answer 18

The reaction of a normal person in the reasonable the circumstances of the defendant.

Question 19

Is it possible to murder a corpse

Answer 19

No

Question 20

What type of defence is loss of control?

Answer 20

Special and partial

Question 21

When does intoxication work to negate the Mens Rea?

Answer 21

Was the defendant incapable of forming the mens Rea?

In cases the court will ask did the defendant form the means Rea even though intoxicated;
Involuntary intoxication ( drugged without consent)
Voluntary intoxication by non-dangerous drug ( Valium to calm nerves)
Voluntary intoxication and specific intent crime committed.

Question 22

Definition of a crime

Answer 22

Public wrongs

Question 23

What is the men’s Rea of s.18

Answer 23

Grevious Bodily Harm means SERIOUS HARM - mens Rea = intention to cause GBH

Question 24

When is consent a defence to OATP

Answer 24

Consent is only a valuable tool assault / battery unless one of the exceptions apply.

The case of R v Meachen extended the rule to provide that the defence could still operate even where ABH or worse was caused provided the defendant only intended to commit a battery with the consent of the victim and DID NOT see the risk of causing ABH

Question 25

Gross Negligence Manslaughter - what is the test for whether the is a risk of death :

Answer 25

Was there an OBVIOUS and SERIOUS risk not merely of injury or serious injury BUT DEATH?

An obvious risk = present risk that was clear and unambiguous not which might become arrant on further investigation

Question 26

What is the difference between robbery and theft

Answer 26

Robbery is using force in order to steal.

Theft is using force immediately before stealing